Delhi Court Grants Default Bail to Lawyer in NIA Case Due to Delay in Filing Charge Sheet

In a recent development, a lawyer accused in a case investigated by the National Investigation Agency (NIA) has been granted default bail by a Delhi Court. The decision was made in light of the delay in filing the charge sheet. The case was initially registered by the Special Cell of the Delhi police for alleged terror activities under sections related to Criminal Conspiracy and the Unlawful Activities Prevention Act (UAPA). Subsequently, the NIA took over the investigation. The accused was arrested on October 18, 2022, and illegal weapons were seized from him. The case is related to Arshdeep Singh alias Dalla and others, with Dalla currently hiding in Canada.

Special judge Shailender Malik of the Patiala House Court granted bail to Asif Khan, a resident of Delhi, citing the delay in filing the charge sheet by the NIA. The accused was charge-sheeted under Section 25 of the Arms Act, read with Section 120-B of the Indian Penal Code.

The judge’s order on July 13 stated, “Admittedly charge sheet against the applicant has been filed on March 21 only for offences under section 120 b IPC and 25 arms act whereas investigation was completed after more than the 90 days period since when the accused was arrested.” The judge emphasized that the law expects investigations to be completed within the prescribed period under section 167(2) of the Criminal Procedure Code (CrPC) and section 43D (2) of the UAPA, without routine extensions.

The court pointed out that the accused had been arrested on October 18, 2022, and the investigation had covered offences under UAPA, IPC, and the Arms Act. The judge noted that the accused had been arrested for offences under section 25 of the Arms Act and substantive offences of conspiracy under section 120B IPC, which carry a maximum punishment of 3 to 7 years.

The court highlighted the importance of complying with the provisions of section 167(2) of the CrPC, emphasizing that if sufficient evidence for UAPA offences or other offences could not be collected within the prescribed period of 60 or 90 days, it was the responsibility of the investigation agency to file the charge sheet within the specified timeframe.

The judge dismissed the argument put forth by the NIA that the accused should have invoked the relief of default bail under section 167 of the CrPC at an earlier stage. The judge stated that the failure to do so does not deprive the accused of the right to avail of default bail.

This case sheds light on the importance of timely filing charge sheets and adhering to the prescribed periods under the CrPC. The accused’s default bail serves as a reminder of the legal safeguards in place to ensure fair and efficient judicial processes.

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